LAND
ACQUISITION ACT, 1894
(1 OF 1894)
[2nd February, 1894]
An Act to amend the law for the acquisition
of land for public purposes and for Companies
PART I
3. Definitions : In this Act, unless there is
something repugnant in the subject or context,‑‑
(a) the expression "land" includes benefits to arise
out of land, and things attached to the earth or permanently fastened to
anything attached to the earth;
(b) the
expression "person interested" includes all persons claiming and interested
in compensation to be made on account of the acquisition of land under this
Act; and a person shall be deemed to be interested in land if he is interested
in an easement affecting the land;
(c) the expression "Collector" means the Collector of
a district, and includes a Deputy Commissioner and any officer specially
appointed by the Provincial Government to perform the functions of a Collector
under this Act;
(d) the
expression "Court" means a principal Civil Court of original
jurisdiction, unless the Provincial Government has appointed (as it is hereby
empowered to do) a special judicial officer within any specified local limits
to perform the functions of the Court under this Act;,
(e) the
expression "Company" means a Company registered under the Companies
Act, 1882, or under the (English) Companies Acts, 1862 to 1890, or incorporated
by an Act of Parliament of the United Kingdom or by any Pakistan law, or by a
Royal Charter or Letters patent and includes a society registered under the
Societies Registration Act, 1860, and a registered society, within the meaning
of the Co‑operative Societies Act, 1912;
(f) the
expression "public purpose" includes the provision of village‑sites
in districts in which the Provincial Government shall have declared by
notification in the official Gazette that it is customary for the Government to
make such provision; and
(g) the following persons shall be deemed persons "entitled
to act" as and to the extent hereinafter provided (that is to say)‑‑‑
Trustees for other persons beneficially
interested shall be deemed the persons entitled to act with reference to any
such case, and that to the same extent as the persons beneficially interested
could have acted if free from disability:
a married woman, in cases to which the
English law is applicable, shall be deemed the person so entitled to act, and
whether of full age or not, to the same extent as if she were unmarried and of
full age; and
the guardians of minors and the
committees or Managers of lunatics or idiots shall be deemed respectively the
persons so entitled to act, the same extent as the minors, lunatics or idiots
themselves, if free from disability, could have acted:
Provided that‑‑‑‑
(i) no person shall be deemed
"entitled to act" whose interest in the subject‑matter shall be
shown to the satisfaction of the Collector or Court to be adverse to the
interest of the person interested for whom he would otherwise be entitled to
act:
(ii) in every such case
the person interested may appear by a next friend or, in default of his
appearance by a next friend, the Collector or Court, as the case may be, shall
appoint a guardian for
the case to act on his behalf in the conduct thereof;
(iii) the
provisions of Order XXXII of the Code of Civil Procedure shall, mutatis
mutandis, apply in the case of persons interested
appearing before a Collector or Court by a next friend, or by a guardian for
the cases, in proceedings under this Act; and
(iv) no person "entitled to act" shall be competent to receive
the ::ompensation‑money payable to the person
for, whom he is entitled to act unless he would have been competent to alienate
the land and receive and give a good discharge for the 'purchase‑money on
a voluntary sale.
For the existing Clause (d),
the following clause shall be substituted namely:
subs by the Land
Acquisition (W.P Amendment) Ordinance, 1969.
"(d) the expression
"Court" means a principal Civil Court of original jurisdiction, and
includes the Court of any Additional District Judge and any Civil Judge whom
the Provincial Government may appoint, by name or by virtue of his office, to
perform concurrently with any such principal Civil Court, all or any of the
functions of the Court under this Act, within any specified area; provided that
in the case of a Civil Judge such functions shall be exercised only up to‑the
limit§ of his pecuniary jurisdiction".
[In Section 3‑‑‑
Subs. by the Federal Laws (Revision and
Declaration) Ordinance, XXVII of 1981.
(a) in clause (e)
for the words"an
(b) in clause (g),‑‑‑
(i) after the word and semi‑colon "disability;",
the word "and" shall be added;
(ii) the words,
commas and semi‑colon "a married woman, in cases to which the
English law is applicable, shall be deemed the person so entitled to act, and
whether of full age or not, to the same extent as if she were unmarried and of
full age; and" shall be omitted; and
(iii) in the proviso,
in clause (iii), for the words and figure "Chapter XXXI of the Code of
Civil Procedure" the words, figure, commas and brackets "Order XXXII,
of the First Schedule to the Code of Civil Procedure, 1908 (Act V of
1908)", shall be substituted.
After clause (e) of Section 3 the following shall be
deemed to be inserted, namely
Ins. by the
"(ee) the expression "local
authority" includes a Trust constituted under the Punjab Town Improvement
Act, 1922".
Clause (f) shall
be deemed to have been modified so as to read as follows:
"(f) the expression "public purpose" includes‑‑
(1) The provision of village sites in
districts in which the Provincial Government shall have declared by
notification in the official Gazette that it is customary for the Government to
make such provision
(2) Soil reclamation carried out under the Punjab Soil
Reclamation Act, 1952.
Ins. by the
The fill‑stop at tree end of clause
(g) shall be replaced by a colon and the following clauses shall be deemed to
have been added after clause (g):‑‑‑
(h) "board", means the Punjab Soil Reclamation Board
appointed under the Punjab Soil Reclamation Act, 1952 ;
(i) "net
income", shall mean the income from the land after deducting therefrom the ordinary expenses of cultivation, land
revenue, rates and cesses ; and
(j) "rates and cesses" have the same meaning as given in
Section 3(9) of the Land Revenue Act, 1887".
[After clause (g) in Section
3 of the Act, the following shall be deemed to be added];
Ins. by the Thal Development Act, XV of 1949.
(h) "Authority"
shall mean the Thal Development Authority appointed
under the Thai Development Act, 1949.
(i) `Net income' from land shall mean the
net assets or the landlord's share, as assumed by the Settlement Officer for
the same class of land in the same assessment Circle, during the Settlement
subject to a deduction of 25 per cent on account of land revenue, cesses,
collection charges and other dues:
Provided that in the case of such land as
has not borne at least four harvests during "the four years immediately
preceding the date of the publication of the first notice under Section 22 .of
the Thal Development Act, 1949, or the date of
notification under Section. 36 of that Act whichever is earlier, .the "net
income" shall mean one‑third of the net assets or the landlord's
share as assumed at the last Settlement for Barani
land in the same Assessment Circle during the last Settlement subject to a
deduction of 26 per cent on account of land revenue, cesses, collection charges
and other dues.
(j)"rates and cesses" have the
same meaning as given in Section 3(9) of the Land Revenue Act, 1887.
After clause (e), clause (ee) has been added:
Ins. by the
(ee)
the expression `local authority' includes in it the Karachi Development
Authority, established under Article 3 of the Karachi Development Authority
Order, 1957".